HomeMy WebLinkAboutR-2000-187 r
RESOLUTION NO. 2000-187
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,AUTHORIZING THE
CITY MANAGER TO PURCHASE CONSULTANT SERVICES FROM THE ILER
PLANNING GROUP, INCORPORATED RELATING TO THE IMPLEMENTATION
OF A REDEVELOPMENT NEEDS STUDY; PROVIDING THAT SAID SERVICES
SHALL NOT EXCEED FIFTY-NINE THOUSAND SEVEN HUNDRED AND FIFTY
DOLLARS ($59,750.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA:
Section 1. That certain agreement with Iler Planning Group, Incorporated (IPG) in an
amount not to exceed Fifty-Nine Thousand Seven Hundred and Fifty Dollars ($59,750.00) for
services relating to the implementation of a redevelopment needs study, in substantial form as
Exhibit "A", attached, is approved and the appropriate city officials are authorized to execute it.
The City Manager and City Attorney are authorized to make minor revisions to said agreement
in the best interests of the City of Dania Beach.
Section 2. That all resolutions in conflict herewith be repealed to the extent of such
conflict.
Section 3. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED THIS 14th DAY OF NOVE 00.
C.K. MCELYE
MAYOR - COMMISSIONER
ATTEST: ROLL CALL:
MAYOR McELYEA - YES
VICE-MAYOR BERTINO-YES
SHERYL CHAPMAN COMMISSIONER CALI - YES
ACTING CITY CLERK COMMISSIONER ETLING - YES
COMMISSIONER MIKES- YES
APPROVED AS T F RM AND CORRECTNESS:
BY:
TPOVAS'V AN BRO
CIT ATTORNEY
RESOLUTION NO. 2000-187
AGREEMENT
THIS IS AN AGREEMENT (the "Agreement") entered into on November 14, 2000,
between: THE CITY OF DANIA BEACH, FLORIDA, a municipal corporation (the"City")and
ILER PLANNING GROUP, INC., a Florida corporation (the "Consultant").
In consideration of the mutual covenants, terms and conditions contained in this
Agreement, and other good and valuable consideration,the adequacy and receipt of which
are acknowledged, the parties agree as follows:
1. Scope of Services. The Consultant agrees to perform consultant services for
the City in accordance,with`the scope of services described in Exhibit A.
2. Commencement Date. The City Commission of the City shall authorize the
proper City officials to enter into this Agreement pursuant to a resolution to be adopted
prior to execution of this Agreement. The date the Consultant receives the fully executed
original agreement shall be the "Commencement Date."
3. Methodology of Analysis. In all analyses, the Consultant will incorporate
methodologies-accepted by community redevelopment agency consultants and planners
industry-wide. All relevant governmental agencies' practices will be observed. Among the
materials to be used in developing the above analyses are the following:
(a) Chapter 163, Part 11.1, Florida Statutes
(b) Broward County Resolution 1999-1398
4. Project Schedule. Consultant agrees to complete the Community
Redevelopment Needs Study within the completion timeframes established in the scope of
services attached and incorporated by this reference as Exhibit A. With respect to such
completion timeframes, performance must be timely under this Agreement since time is of
the essence. However,the completion timeframes shah be extended for periods of delay
resulting from strikes, natural disasters and similar circumstances over which the
Consultant has no control, if such extensions are approved by the City in writing.
5. Subcontracts. The Consultant will utilize the services of Edward D. Stone,
Jr., and Associates (EDSA) and Keith and Associates (KA) as subcontractors for the
Project. EDSA and KA are approved by the City for work on this Project. If other
subcontractors or subconsultants are necessary to be utilized to accomplish the scope of
services, the Consultant will obtain written approval from the City prior to such utilization.
Consultant acknowledges and agrees that it bears the ultimate responsibility for all work
Page 1
EXHIBIT "A"
product of the Project regardless of whether it or any portion of it is prepared by Consultant
or one of the subcontractors or subconsultants.
5.1 The Consultant shall be fully responsible to the City for all errors and
omissions of any approved subcontractors or subconsultants. Subcontractors or
subconsultants shall have the general liability, professional liability, and Workers'
Compensation insurance as required by the City, or be covered by Consultant's insurance.
Upon the Commencement Date, the Consultant shall furnish the City with the appropriate
proofs of insurance from all subcontractors or subconsultants in connection with the work
performed.
6. Payment for Services.
(a) City agrees to pay Consultant for services provided by Consultant, as
described in Exhibit A, an agreed upon lump sum amount of Fifty-Nine Thousand Seven
Hundred Fifty Dollars ($59,750.00) (the"Fee"). The Fee includes full payment, including
all labor, overhead, other costs (including but not limited to document reproduction costs,
review fees, travel and mileage and telephone expenses as per Exhibit "A"), Consultant
fees and profit.
(b) City shall pay Consultant monthly for services rendered within thirty
(30) calendar days from date of receipt of each of Consultant's invoices by the City
Manager. If any errors or omissions are discovered in any invoice, City will inform
Consultant within ten (10) business days of receipt of the document(s)and request revised
copies of all such documents. If any disagreement arises as to payment of any portion of
an invoice, City agrees to pay all undisputed portions and the parties agree to cooperate by
promptly conferring to resolve the disputed portion.
(c) Any invoice which is not timely paid as prescribed above will be
subject to the accrual of interest at the statutory rate prescribed by applicable Florida law.
7. Indemnification of City.
(a) To the fullest extent permitted by law, Consultant agrees to indemnify,
defend, save and hold harmless the City, its officers, agents and employees from any and
all claims, damages, losses, liabilities and expenses, direct, indirect or consequential,
arising out of or alleged to have arisen out of or in consequence of the services furnished
by or operations of the Consultant or its subcontractors, agents, officers, employees or
independent contractors pursuant to this Agreement, specifically including, but not limited
to, those caused by or arising out of any act, omission, negligence or default of the
Consultant or its subcontractors, agents, servants or employees in the provision of the
services under this Agreement.
•
Page 2
(b) It is specifically understood and agreed that the consideration inuring
® to the Consultant for the execution of this Agreement consists of the promises, payments,
covenants, rights and responsibilities contained in this Agreement.
(c) The execution of this Agreement by the Consultant shall obligate the
Consultant to comply with the foregoing indemnification provision; however, the collateral
obligation of providing insurance must be also complied with as set forth below.
8. Insurance. Consultant shall provide, pay for and maintain in force at all times
during the term of this Agreement, such insurance, including Workers' Compensation
insurance and comprehensive general automobile liability insurance as stated below:
(a) Workers' Compensation insurance to apply for all employees in
compliance-with the "Workers'—Compensation Law" of the State of
Florida and all applicable federal laws, for the benefit of the
Consultant's employees.
(b) Comprehensive general automobile liability insurance, with minimum
limits of Five Hundred Thousand Dollars ($500,000.00) per
occurrence, combined single limit for death, bodily injury liability and
property damage liability. The City is to be included as an "additional
® insured" with respect to any claims arising out of this Agreement.
(c) If Consultant hires a subcontractor for any portion of any work,
including the subcontractors listed above (EDSA and KA) then each
such subcontractor shall provide the same insurance as specified
above.
(d) Upon the Commencement Date, the Consultant shall provide the Risk
Manager of the City Certificates of Insurance for coverages and
policies required by this,.Agreement. All applicable certificates shall
state that the City shall be given thirty (30) days' advance notice prior
to expiration or cancellation of any policy. Such policies and
coverages shall not be affected by any other policy of insurance which
the City may carry in its own name.
Page 3
9. Assignment of Agreement.
• a
( ) It is understood and agreed by both parties that this Agreement, in
whole or in part, cannot be assigned, sublet or transferred by the Consultant without the
prior written consent of City. The City is relying upon the apparent qualifications and
expertise of Henry Iler, one of Consultant's principals, and such person's familiarity with the
City's circumstances and desires. In the event Consultant wishes to re-assign or replace
such individual, the Consultant shall tender one or more substitutes acceptable to City. In
the event the City is not, for any reason or no reason at all, satisfied with any such
substitute, Consultant shall be considered in breach of this Agreement. Violation of the
terms of this paragraph shall constitute a breach of Agreement by Consultant and City
may, at its discretion, terminate this Agreement for cause and all rights, title and interest of
Consultant in this Agreement shall then cease and terminate.
(b) The Consultant acknowledges, understands and agrees that its
performance under this Agreement is contingent upon the City receiving timely services
from other consultants EDSA and KA, (the "Supporting Consultants"). The Consultant
agrees to use its best efforts to coordinate its services with the services of the Supporting
Consultants and further agrees that in the event the rendition of any services of any of the
Supporting Consultants is delayed, such delay will not entitle the Consultant to any
additional compensation or payment of any kind. Furthermore, the Consultant shall not be
entitled to.an increase in compensation, or be entitled to payment of any kind from the City,
• for damages or expenses incurred which are direct, indirect or consequential or impact
fees or other costs and lost profits of any kind including, but not limited to, costs of
acceleration, inefficiency or extended overhead, arising because of any other delay,
disruption, interruption, interference or hindrance from any cause whatsoever, whether
such delay, disruption or interference be reasonable or unreasonable, foreseeable or
unforeseeable, or avoidable or unavoidable;provided, however, that this provision shall not
preclude recovery of damages by the Consultant for hindrances or delays caused solely by
fraud, bad faith or active malicious interference on the part of the City.
(c) City acknowledges, understands and agrees that its timely provision
of readily available background data, review of draft work products, and consideration of
Project findings and recommendations at staff and public meetings is essential to the
completion of this Project within the timeframes stated in Exhibit A. Any undue or
unreasonable delay by the City in performing these activities may cause the Consultant to
exceed the Exhibit A timeframes. Consultant will not be held responsible for such delays
and may incur additional costs. Payment of such additional costs will be mutually agreed
upon in writing between the City and the Consultant.
10. Examination of Records. Consultant shall maintain books, records,
documents and other evidence directly pertinent to performance of work under this
Agreement in accordance with generally accepted accounting principles and practices.
Page 4
The City shall have access to such books, records, documents and other evidence for
inspection, audit and copying during normal business hours. The Consultant will provide
proper facilities for such access and inspection. Audits conducted under this section shall
observe generally accepted auditing standards and established procedures and guidelines
of the City. The Florida Public Records Act, Chapter 119 of the Florida Statutes, may have
application to records or documents pertaining to this Agreement and Consultant
acknowledges that such laws have possible application and agrees to comply with all such
laws.
11. Termination.
(a) Termination of Agreement for Convenience. It is expressly understood
and agreed that the City may terminate this Agreement at any time for any reason or no
reason at all-by-giving the,Consultant notice by certified mail, return receipt requested,
directed to the principal office of the Consultant, thirty (30) days in advance of the
termination date. In the event that the Agreement is terminated pursuant to this provision,
the Consultant shall be entitled to be compensated for the services rendered from the
effective date of execution of the Agreement up to the termination date. Such
compensation shall be based on the fee percentage of work completed, as fairly and
reasonably determined by City after conferring with Consultant.
(b) Termination of Agreement for Cause. If City elects to terminate the
Agreement for cause, City will provide Consultant advance written notice. If Consultant
promptly cures the matter giving rise to the cause within that time, this Agreement shall
continue. If not cured within fifteen (15) days of written notice, the Agreement will stand
terminated and the City will pay Consultant for work completed less any costs, expenses
.and damages incurred by City as a result of such termination. If a court of competent
jurisdiction determines that the termination was not authorized under the circumstances
then the termination shall be deemed to be a termination for convenience.
12. Ownership of Documents. All correspondence, studies, data, analyses,
documents, instruments, applications, memoranda and the like, including drawings and
specifications prepared or furnished by Consultant (and Consultant's independent
professional subcontractors or subconsultants) pursuant to this Agreement shall become
owned by and be the property of the City and the City, upon payment being made to
Consultant as provided in this Agreement, shall consequently obtain ownership of them by
any statutory common law and other reserved rights, including copyright.
13. Notices. Except as provided above, whenever either party desires to give
notice to the other, it must be given by written notice, sent by certified U:S. mail, with return
receipt requested, addressed to the party for whom it is intended, at the place last specified
and the place for giving of notice in compliance with the provisions of this paragraph. For
Page 5
the present, the parties designate the following as the respective persons and places for
giving of notice:
City: Michael W. Smith, City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
With a copy to: Thomas J. Ansbro, City Attorney
Weiss Serota Helfman Pastoriza & Guedes
3107 Stirling Rd., Suite 301
-- -- Ft.Lauderdale, FL 33312
Consultant: Iler Planning Group, Inc.
Attention: Henry B. Iler, President
1211 Prosperity Farms Road, Suite 205B
Palm Beach Gardens, FL 33410
14. Consent to Jurisdiction. The parties agree that the jurisdiction for any legal
action arising out of or pertaining to this Agreement shall be the Circuit Court for the
Seventeenth Judicial Circuit in and for Broward County, Florida, or the federal District Court
in the Southern District of the United States. Each party further agrees that venue of any
action to enforce this Agreement shall be in Broward County, Florida.
15. Governing Law. The parties agree that this Agreement shall be construed in
accordance with and governed by the laws of the State of Florida.
16. Attorneys' Fees and Costs. If City or Consultant incurs any expense in
enforcing the terms of this Agreement, whether suit is brought or not, each party shall bear
its own costs and expenses including, but not limited to, court costs and reasonable
attorneys' fees.
17. Headings. Headings in this document are for convenience of reference only
and are not to be considered in any interpretation of this Agreement.
18. Exhibits. Each exhibit referred to in this Agreement forms an essential part of
this Agreement. Each such exhibit is apart of this Agreement and each is incorporated by
this reference.
19. Severability. If any provision of this Agreement or the application of it to any
person or situation shall to any extent be held invalid or unenforceable, the remainder of
Page 6
this Agreement, and the application of such provisions to persons or situations other than
® those as to which it shall have been held invalid or unenforceable, shall not be affected,
shall continue in full force and effect, and shall be enforced to the fullest extent permitted
by law.
20. All Prior Agreements Superseded. This document incorporates and includes
all prior negotiations, correspondence, conversations, agreements and understandings
applicable to the matters contained in this Agreement and the parties agree that there are
no commitments, agreements or understandings concerning the subject matter of this
Agreement that are not contained in this document. Accordingly, it is agreed that no
deviation from the terms of this Agreement shall be predicated upon any prior
representations or agreements, whether oral or written.
21. Consultant-and its employees and agents shall be and remain independent
contractors and not employees of City with respect to all of the acts and services
performed by and under the terms of this Agreement. This Agreement shall not in any way
be construed to create a partnership, association or any other kind of joint undertaking,
enterprise or venture between the parties to this Agreement.
22. The Consultant understands and agrees that the City, during any fiscal year,
is not authorized to expend money, incur any liability, or enter into any contract which, by
its terms, involves the expenditure of money in excess of the amounts budgeted as
available for expenditure during such fiscal year and that any contract, verbal or written,
made in violation of this subsection is null and void and that consequently, no money may
be paid on such contract beyond such limits. Nothing contained in this Agreement shall
prevent the making of contracts for periods exceeding one (1) year, but any contract so
made shall be executory only for the value of the services to be rendered or agreed to be
paid for in succeeding fiscal years. Consultant shall not proceed with services under this
Agreement without City's written verification that the funds necessary for Consultant
compensation and other necessary expenditures are budgeted as available within the
appropriate fiscal year budget.
23. Consultant warrants and represents that no elected official, officer, agent or
employee of the City has a financial interest, directly or indirectly, in this Agreement or the
compensation to be paid under it and, further, that no City employee who acts in the City of
Dania Beach as a "purchasing agent" as defined in Chapter 112, Florida Statutes, nor any
elected or appointed officer of the City of Dania Beach, nor any spouse or child of such
purchasing agent, employee or elected or appointed officer, is a partner, officer, director or
proprietor of the Consultant and, further, that no such City employee, purchasing agent,
City elected or appointed officer, or the spouse or child of any of them, alone or in
combination, has a material interest in the Consultant. Material interest means direct or
indirect ownership of more than five percent(5%) of the total assets or capital stock of the
Consultant.
Page 7
® 24. Consultant shall use its best efforts to endeavor to comply with all applicable
federal, state and City laws applicable to the Consultant services and specifically those
covering Equal Opportunity Employment, the Americans With Disabilities Act("ADA") and
the South Florida Building Code. The Consultant is expected to fully comply with all
applicable provisions of such laws and the City reserves the right to verify the Consultant's
compliance with them. Failure to comply with any laws will be grounds for termination of
the Agreement for cause.
25. In the event of any conflict between any provisions of this Agreement and any
provision in Exhibit "A", the parties agree that the provisions of this Agreement are
controlling (including, but not limited to, all terms and provisions governing compensation).
IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the
day and year first above written.
CITY OF DANIA BEACH, FLORIDA
ATTEST: BY:
C.K. McEly. Mayor
BY: i /��C..� t �� . 'l BY:
Sheryl Chapman, Acting City Clerk Michae h;' ty Manager
APPROVED AS TO EGAL SUFFICIENCY:
r �
BY:
Thomas J. Ansbro, City Attorney
Page 8
Signed, sealed and delivered ILER PLANNING GROUP, INC.
in the presence of:
BY: BY:
Witness Henry B. Iler, President
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me on , 2000,
by Henry Iler, President of Iler Planning Group, Inc., a Florida corporation, on behalf of the
corporation. He is personally known to me or has produced as identification
and did (did not) take an oath.
My Commission Expires:
Notary Public, State of Florida
Page 9
EXHIBIT A
Community Redevelopment Needs Study
Scope of Services
10-2-00
Community Redevelopment Needs Study
Task 1-1 Background Research and Analysis
Consultant will meet with appropriate City staff, private sector stakeholders and
political leaders in order to explain the purpose of the CRA Study and obtain local
input on key issues especially with respect to CRA boundary considerations. The
consultant will perform field surveys necessary to gather a clear picture of the
study area and determine CRA area boundaries. Consultant will be responsible
for the collection of background data, including annual taxable value of the City
and proposed CRA Area for the 1996-2000 period.
Task 1-2 Boundary Determination and Study Area Analysis
The Consultant in conjunction with City staff, will determine appropriate
boundaries for the CRA area and assess this area for the existence of conditions,
contained in Florida Statutes Chapter 163, Part III and Broward County
Resolution 1999-1398, which indicate the need for redevelopment. It is assumed
for the purposes of this Project that the CRA Area will generally encompass lands
centered around Dania Beach Boulevard and U.S. 1, and not include any lands on
the west side of I-95 which lie within the City.
Task 1-3 Commission Workshop
Consultant and staff will conduct an advertised City Commission Workshop, in
which the public is invited to participate, explaining the project, preliminary
findings and receiving public comments. Consultant will participate in one
additional workshop if requested by staff, the Commission or both.. Consultant
will attend up to two (2) additional workshops at a fee not to exceed $ 2,500.00
per workshop.
® 1
Task 1-4 Draft Redevelopment Needs Report
® Consultant will prepare and submit a draft report for staff review. A
meeting will be held with staff to review the report and solicit comments
and suitable revisions. Consultant will provide City with an original Draft
Redevelopment Needs Report (camera-ready), one (1) hard copy, and one
(1) full digital copy in a format acceptable to staff.
Task 1-5 Final Redevelopment Needs Report
Consultant will make necessary revisions and submit the Final
Redevelopment Area Report for consideration by the City Commission.
Consultant will provide City with an original Final Redevelopment Needs
Report (camera-ready), one (1) hard copy and one (1) full digital copy in a
format acceptable to staff. Task 1-5 shall be completed within 120 days
from the Commencement Date.
Task 1-6 Submit CRA Application and Coordinate County Review
City will submit the CRA review application to the County along with
required copies. Consultant will assume full responsibility for
coordinating the review process with County staff and provide responses
® to any report comments. Consultant will attend any and all County
Commission meetings relating to this study.
Task 1-7 County Commission Consideration
Consultant will attend and represent the city at all County Commission
meetings where the City's CRA application is under consideration for
approval. Task 1-7 shall be completed within 180 days from the
Commencement Date.
Task 1-8 Final Redevelopment Needs Report Submission
Upon County Commission approval of the Redevelopment Needs Report
Consultant will provide City, if revised after Task 1-5 has been completed,
with an original Final Redevelopment Needs Report (camera-ready), one
(1) hard copy, and one (1) full digital copy in a format acceptable to staff.
Schedule and Cost
This Community Redevelopment Needs Study shall be completed in approximately 180
days from the Commencement Date of the Project. The total cost for this Project is
® $59,750.00.
2
AGENDA REQUEST FORM
CITY OF DAN IA BEACH
To: m Adnistrative,Services Department
Prepared By: Jason Nunemaker Date: 3/22/00
---------------------------------------------------------------------------------------------------------------------------------
Please complete the following items related to your agenda request.
1. Date of Commission meeting: 11/14/00
2. Title: Her.Planning Group-Finding of Necessity
3. Commission action requested:
Adopt Resolution or Ordinance ® Expenditure ❑ Award Bid/RFP ❑
Presentation ❑ General approval of item ❑ Continued from meeting ❑
Other(please explain) ❑
® 4. Summary explanation & background:
Staff was previously directed by the commission to draft an agreement with Her Planning Group
for the implementation of a"find of necessity"to be conducted per state and county guidelines.
5.Attached Exhibits (please list):
1. Agreement
2. Scope of Services
6. List Additional Backup Materials Provided:
7. For purchasing requests only: Fund Dept.
Account name: Account#:
Finance Director Approval
8. Reviewed and approved:
Department Director Date
City Manager Date